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2025 DAILYLAW 76130 (ALL)

REYAZ AHAMAD v. STATE OF U.P. AND ANOTHER

NA528/25492/2025 · 2025-07-20

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:118089 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 25492 of 2025 Applicant :- Reyaz Ahamad Opposite Party :- State Of U.P. and another Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Dhirendra Kumar Tiwari holding brief of Sri Vikash Chandra Tiwari, learned counsel for the applicant as per the instructions submits that due to circumstances which are beyond the control and the comprehension of the applicant non-bailable warrants came to be issued on 21.05.2025 in the proceedings under Section 138 of the NI Act in Complaint Case No. 20367/2023 under Section 138 of the NI Act, however, he seeks breathing time to file recall application. 2. Sri Sudhir Kumar Chandraul, learned AGA has no objection to the same. 3. Considering the submission so made across the bar as well as the stand taken by them, the application stands disposed of directing the applicant to submit an application for recalling of the non-bailable warrants by 31.07.2025 and on the said motion, the court below shall decide the same. 4. Till the disposal of the recall application seeking recall of the non-bailable warrants, no coercive action shall be taken against the applicant in the operation of N.B.W. dated 21.05.2025 passed by the court of learned Additional Judge (J.D.) New Court 10/ Judicial Magistrate, Jaunpur arising out of in Complaint Case No. 20367/2023 U/s 138 Ν.Ι. Act, 1881, Police Station Kotwali District Jaunpur. 5. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. 6. It is is open for the applicant to contest the said proceedings taking all legal and factual grounds and this Court has no reasons to disbelieve that the same shall be decided in accordance with law. Order Date :- 21.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad